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2025 DAILYLAW 52577 (ALL)

THE ORIENTAL INSURANCE COMPANY LIMITED AND 2 OTHERS v. SMT. KUSHMA DEVI AND 4 OTHERS

WRIC/13919/2025 · 2025-05-05

Avnish Saxena, Saurabh Dwivedi Registrar J Cpc

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Judgment text

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Neutral Citation No. - 2025:AHC:72447-DB Court No. - 39 Case :- WRIT - C No. - 13919 of 2025 Petitioner :- The Oriental Insurance Company Limited And 2 Others Respondent :- Smt. Kushma Devi And 4 Others Counsel for Petitioner :- Arun Kumar Shukla Counsel for Respondent :- C.S.C. Hon'ble Arindam Sinha,J. Hon'ble Avnish Saxena,J. 1. Mr. Arun Kumar Shukla, learned advocate appears on behalf of the petitioners (Insurance Company). He submits, under challenge is order dated 3rd March, 2025 made by the competent authority directing compensation be paid to the person said to have died by snake bite. He submits, his client disputes the finding. Though, viscera was preserved, no report was obtained. He relies on order dated 21st June, 2021 of co-ordinate Bench disposing of the Writ-C no. 5463 of 2021 (Smt. Raj Kumari v. State of U.P. and 2 others) to submit, it was said that the viscera report can be summoned by the District Magistrate from concerned lab. He seeks interference. 2. Sri Devesh Vikram, learned advocate Additional Chief Standing Counsel appears on behalf of State and draws attention to also disclosed order dated 9th January, 2025 made by another co- ordinate Bench disposing of Writ-C no. 545 of 2025 (Writ Petition of respondent no. 1). He submits, there was clear direction upon the committee to examine the claim. Claim of respondent no. 1 has been examined and by impugned order, the competent authority directed payment of compensation at Rs.5 Lakhs. The writ petition be dismissed. 3. The claim involved is for compensation on death by snake bite. We reproduce below a few paragraphs from order dated 21st June, 2021 (supra) : "Learned Standing counsel also accepts that the claim of the petitioner has to be considered by the Committee constituted under the Chairmanship of the District Magistrate. Learned counsel for the Insurance Company, however, states that the Visra report is still awaited and, hence the cause of death of the petitioner's husband due to alleged snake bite is still not proved. Be that as it may, the insurance claim has been made under the State Supervisory scheme which has yet not been considered by the competent authority. So far as the Visra report is concerned, the same can be summoned by the District Magistrate from the concerned Lab. The writ petition is, therefore, disposed of with the direction to the respondent no.2- District Magistrate, District Kaushambi to look into and take appropriate decision in the matter of the claim made by the petitioner, as expeditiously as possible, preferably within a period of two weeks from the date of receipt of the copy of this order. Any report from the Insurance Company, if needed, shall also be obtained." Also reproduced below is text of order dated 9th January, 2025 (supra) : "Petitioner claims for payment of compensation under the Mukhyamantri Kisan Evam Sarvhit Bima Yojana, appears to have been rejected by the insurance company on the ground that cause of death is not known and viscera is not preserved. Learned counsel for the petitioner states that this was a case of snake bite and that rejection of the petitioner's claim is arbitrary. The petitioner otherwise, is a widow, who is running from pillar to post, for long. Learned Standing Counsel submits that the competent authority to examine such grievance is third respondent. In that view of that matter, we disposed of this writ petition with a direction upon respondent no.3 to ensure that petitioner's claim is got examined by the competent committee, by passing a reasoned order, within a period of three months from the date of presentation of a copy of this order before his office. In order to facilitate such fresh consideration we permit the petitioner to annex all materials along with his application together with certified copy of this order before the second respondent." 4. It is clear from aforesaid orders of the two co-ordinate Benches that the competent authority is to examine claim for compensation on, inter alia, death by snake bite. Impugned order dated 3rd March, 2025 stands made by the competent authority, awarding the compensation. In the circumstances, we would not like to be drawn into petitioners' allegation of omission to call for viscera report. There has been finding on fact by the competent authority. The victim be paid the compensation. 5. The writ petition is disposed of. Order Date :- 6.5.2025 Manoj (Arindam Sinha, J.) (Avnish Saxena, J.) Digitally signed by :- MANOJ KUMAR YADAV High Court of Judicature at Allahabad